This year's Construction Law courses feature industry experts who provide in-depth analysis of construction legislative updates, including important changes to the Prompt Pay Act and construction lien laws. This package also includes a practical "view from the bench" on remote hearings, depositions, mediations and more. You will also dive into ethical considerations for attorneys, as clients and their witnesses navigate "virtual justice" in the coronavirus era, with commentary from judges across the state at every court level.

Session 1: The Impact of the 2020 Tennessee Construction Legislation

The following topics will be discussed:
Enhanced Protections under the Prompt Payment Act
Modification of Banking Exemption
Additional Trust Fund Protections
Adoption of Stop Work Procedure
Right to Reasonable Assurances
Increased Interest
New User-Friendly Forms
Other Changes
Modifications to the Consumer Protection Act
Statute of Repose
Limitations of Liability
Foreshadowing Potential Future Changes

Session 2: Our 9-Month Journey Conducting Zoom Trials During the Pandemic

Since the COVID-19 pandemic began in March of 2020, Chancellor Lyle and Staff Attorney Justin Seamon have conducted seven bench trials and over sixty hearings using Zoom Video Conferencing and a YouTube channel with all attorneys, parties, witnesses and court staff participating remotely. Two of these trials were construction cases, and one trial lasted three weeks. From these experiences, this CLE presentation will discuss the pros, cons and logistics of conducting trials via Zoom, how to prepare witnesses, appropriate safeguards for remote witness testimony, managing trial exhibits, public access to the proceedings, and the ramifications of this technology for the future of litigation. Examples from actual court proceedings where video conferencing has been used will be shown. In addition, one hour of the two hour seminar will cover ethical issues encountered when using video conferencing in litigation, including discussion of a recent TBA poll on remote court proceedings.